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Law Pro, Criminal Defense Lawyer

Category: Criminal Law

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Experience: 20 years trial experience in defense of criminal cases

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I AM IN NEED OF SOME SERIOUS INFORMATION. I HAVE A COURT DATE

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I AM IN NEED OF SOME SERIOUS INFORMATION. I HAVE A COURT DATE ON OCTOBER 6 IN AZ. THE JUDGE HAS ORDERED ME TO BE IN THE COURTROOM BUT I LIVE IN NY. I HAVE TRIED TO TALK TO MY COUNCEL THEY APPOINTED TO ME BUT HE STILL DOES NOT HAVE MY INFORMATION AND NOW THEY TELL ME THEY MAILED ME A FINACIAL FORM TO COMPLETE TO BE APPOINTED COUNCEL. WHAT CAN HAPPEN IF I HAVE NO COUNCEL AND CANNOT SHOW UP PERSONALLY OR IF COUNCEL SHOWS UP ON MY BEHALF? MY CHARGES ARE MISDAMENORS FOR DOMESTIC VIOLENCE ASSAULT AND DOMESTIC VIOLENCE DISORDERLY CONDUCT. I ALSO HAVE OBTAINED AN ORDER OF PROTECTION AGAINST MY EX-BOYFRIEND IN N.Y BECAUSE OF HIS ABUSE

THIS IS THE STORY MY EX BOYFRIEND AND I IN 2007 GOT PREGNANT WITH MY SON BECAUSE OF HIS ABUSE WICH I HAD TO CALL THE COPS ON HIM FOR BUT NEVER WENT ANYWERE BECAUSE I CAME BACK TO NY TO LIVE WITH MY PARENTS WERE I HAD LIVED UNTIL AUGUST OF 2009 WHEN I GOT THERE THINGS JUST GOT WORSE AND HE HAD NOT CHANGED WE GOT INTO A FIGHT BECAUSE OF HIS CONTROLLING AND ABUSIVE {WICH I NEVER CALLED THE COPS ON HIM} BEHAVIOR. HE PUSHED ME INTO THE WALL WITH MY SON AND WHEN I GOT UP HE CAME RUNNING AT ME AND I SLAPPED HIM THUS BEING ARRESTED FOR DOMESTIC VIOLENCE. IT WAS ORDERED NOT TO GO BACK TO THE HOUSE BUT HE HAD MY SON AND WANTED TO WORK THINGS OUT SO I DID. ONE DAY I WAS CLEANING THE HOUSE TO WALK OUT TO FIND HIM WITH BULLETS IN HIS HAND HE STRTED PUNCHING WALLS AND YELLING AT ME I GRABBED MY SON AND LEFT THE HOUSE DID NOT CALL THE POLICE BECAUSE THEY WOULD HAVE ARRESTED ME AND GOT ON THE FIRST FLIGHT BACK TO NY TO GET AWAY FROM HIM. I TOLD THE COURT I LEFT 5 DAYS EARLIER THAN WHAT I DID IN FEAR OF HIM KNOWING WERE I WAS AND HE HAD A VOICEMAIL FROM ME ASKING TO GET THE BABYS STUFF FROM HIM PROVING TO THE COURT THAT I DID INDEAD LIE SO THE JUDGE PUT AN ORDER FOR ME TO BE IN THE COURT ROOM. I DID NOT HAVE COUNCEL AT THE TIME EITHER. I GOT SERVED WITH A TEMP EMERGENCY HEARING FOR CUSTODY OF MY SON BUT THERE WAS NO PATERNITY ESTABLISHED AND I WON THE JURISDICTION TO BE IN N.Y AS WELL AS ORDER OF PROTECTION AGAINST HIM. I AM IN FEAR NOW OF HAVING NO ONE THERE TO HELP ME AND WHEN MY CUSTODY CASE IN NY COMES UP THEY WILL ARREST ME AND EXTRADITE ME BACK TO AZ LOOSING CUSTODY OF MY SON IM TRYING TO FIGURE OUT ANY STEPS I CAN TAKE TO GET THIS MATTER RESOLVED AND EVERYONE IS MAKING IT MORE DIFFICULT THE D.A. SENT ME A LETTER SAYING THAT THE STATE HAD NO PROBLEM HANDLING THIS AS AN OUT OF STATE MATTER BUT MY EXBOYFRIEND DOES

OK, you really have no choice in the matter to appear (with or without the assitance of counsel). That if you don't appear - most certainly the judge is going to put a warrant out for your arrest. The judge is going to put out a warrant for your arrest most probably even if you have legal representation if you don't appear.

So, my advice would be to make sure your at the court as per the order. You have no alternative - the judge, under the circumstances, has little choice but to put a bench warrant out for your arrest under the circumstances.

YES MY CUSTODY HEARING IS IN N.Y ON 10-28-09 AND HE IS SUPPOSE BE HERE ON THAT DAY PER ME SERVING HIM THE PAPERWORK. MY SON IS WITH ME IN N.Y AND N.Y HAS GRANTED ME TEMP CUSTODY AS WELL AS A RESTRAINING ORDER SO IM SURE HE WILL TELL THE COURT I HAVE A WARRENT FOR MY ARREST IN AZ

Yes, absolutely he would do such. In fact, if he makes it an issue - the judge could contact the court in AZ and verify such and immediately place you in jail at that time if the warrant is still open.

Most certainly, if that warrant is open at the time of the custodial hearing - I would almost guarantee you will lose custody.

So, my advise would be to appear at the hearing in AZ and see what you can explain to the court there. To much is at stake - you will almost certainly lose in NY if they place the bench warrant for your arrest in AZ.

WOULD YOU RECOMMEND CONTACTING THE CITY PROSECUTORS OFFICE AND TRYING TO SEE WHAT THEY WOULD OFFER ME I HAVE CONTACTES THEM BEFORE AND THEY HAD A PLEE AGREEMENT SET UP WITH ME BUT MY EX STATED THAT HE WANTED ME IN COURT WOULD THAT BE MORE DAMAGING TO ME TO CONTACT THEM AGAIN?

It's the judge before whom your scheduled to appear before that's really at issue here - not the DA's office unless they would drop all charges against you. Even if you have a plea agreement - it still has to be accepted by the judge too.

IN YOUR EXPERIENCE WHAT DO YOU THINK WILL HAPPEN IF I SHOW UP TO COURT? IS THERE A WAY TO GET THE CASE MOVED BACK ?IS THERE ANYWAY TO SPEAK OR FAX OVER A REQUEST TO BE HEARD TELEPHONICALLY AGAIN WITH AN EXPLANATION OF WHY I CAN NOT BE THERE TO THE JUDGE HERSELF AND IF THERE IS NO PATERNITY ESTABLISHED CAN THEY AWARD HIM CUSTODY OF MY SON IF THEY ARREST ME AT THE CUSTODY HEARING I KNOW ITS A LOT OF QUESTIONS SORRY JUST TRYING TO GET ALL THE DUCKS IN A ROW

If you show up in court - it would all depend on the judge's perspective in the matter. I do know that it's the last thing they want to do - put someone in jail over a domestic squabble/matter (not to make light of your situation). However, if a person doesn't show - then they have to move forward and take action - that really means they have no alternative but to place a bench warrant for their arrest.

So, I don't think you will go to jail at all if you appear at the hearing. I do think think you will end up going to jail if you don't appear.

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